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(영문) 대법원 2019.07.04 2018두58431
국가연구개발사업 참여제한 처분 등 취소
Text

The judgment below

The part against the plaintiff is reversed, and that part of the case is remanded to the Seoul High Court.

Reasons

The grounds of appeal are examined.

1.(a)

A litigation for cancellation under the Administrative Litigation Act shall be instituted within 90 days after the existence of the disposition, etc. is known, and no lawsuit shall be instituted after one year has elapsed from the date of the disposition,

(Article 20(1) and (2) of the Administrative Litigation Act; and when the previous lawsuit is withdrawn and the new lawsuit is changed to have been instituted, compliance with the period for filing a lawsuit against a new lawsuit shall, in principle, be based on the time when the lawsuit is modified.

(3) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the revocation of the preceding disposition, thereby adversely affecting the conclusion of the judgment, and thereby exceeding the bounds of the legal principles as to the revocation of the preceding disposition, thereby adversely affecting the conclusion of the judgment. In so doing, the court below did not err by misapprehending the legal principles as to the revocation of the preceding disposition, thereby adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment, as otherwise alleged in the ground of appeal.

(See Supreme Court Decision 2010Du7796 Decided November 29, 2012, etc.). B.

Meanwhile, Article 25(1) of the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act (hereinafter “Industrial Education Promotion Act”) provides that universities may have an organization in charge of the affairs concerning industry-academia-research cooperation in accordance with the school regulations. Article 28(3) provides that the head of the industry-academic cooperation foundation represents the industry-academic cooperation foundation and supervises the affairs under his/her jurisdiction under the direction and supervision of the head of the relevant university. Article 25(4) provides that the head of the industry-academic cooperation foundation is appointed or dismissed by the head of the relevant university.

2. Review of the reasoning of the lower judgment and the evidence duly admitted by the lower court reveals the following facts.

2.the Incorporated Foundation;

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